Part SCHEDULE 1 - Model rules for a - Associations Incorporation (Model Rules) Regulations 2017 - SCHEDULE 1 - Model rules for an association

Part SCHEDULE 1 - Model rules for a - Associations Incorporation (Model Rules) Regulations 2017 - SCHEDULE 1 - Model rules for an association | Zoe

4. Objects and purposes of Association

The objects and purposes of the Association consist of the basic objects of the Association and the following objects and purposes:

(a) the purchase, taking on lease or in exchange, hire or other acquisition of any real or personal property necessary or convenient for any of the objects or purposes of the Association;

(b) the purchase, sale or supply of, or other dealing in, goods;

(c) the construction, maintenance or alteration of any building or works necessary or convenient for any of the objects or purposes of the Association;

(d) the acceptance of a gift for any of the objects or purposes of the Association;

(e) the taking of any step the committee, or the members of the Association at a general meeting, determine expedient for the purpose of procuring contributions to the funds of the Association;

(f) the printing or publication of any newspaper, periodical, book, leaflet or other document the committee, or the members of the Association at a general meeting, determine desirable for the promotion of any of the objects or purposes of the Association;

(g) the borrowing and raising of money in any manner and on terms –

(i) the committee thinks fit; or

(ii) approved or directed by resolution passed at a general meeting;

(h) subject to the provisions of the Trustee Act 1898 , the investment, in any manner the committee determines, of any money of the Association not immediately required for any of the objects or purposes of the Association;

(i) the making of a gift, subscription or donation to any of the funds, authorities or institutions to which section 78A of the Income Tax Assessment Act 1936 of the Commonwealth relates;

(j) the establishment and support, or aiding in the establishment and support, of associations, institutions, funds, trusts, schemes or conveniences calculated to benefit employees or past employees of the Association and their dependants, and the granting of pensions, allowances or other benefits to employees or past employees of the Association and their dependants, and the making of payments towards insurance in relation to any of those purposes;

(k) the establishment and support, or aiding in the establishment or support, of any other association formed for any of the basic objects of the Association;

(l) the purchase, or acquisition, and the undertaking of all or part of the property, assets, liabilities or engagements of any association with which the Association is amalgamated in accordance with the provisions of the Act and the rules of the Association;

(m) the doing of any lawful thing incidental or conducive to the attainment of the objects or purposes of the Association.

5. Membership of Association

(1) A person who is nominated and approved for membership in accordance with this rule is eligible to be a member of the Association on payment of the annual subscription specified in rule 32 .

(2) A person who is not a member of the Association at the time of the incorporation of the Association is not to be admitted as a member of the Association unless –

(a) the person is nominated for membership in accordance with subrule (3) ; and

(b) the person is approved for membership by the committee.

(3) A nomination of a person for membership is to be –

(a) made in writing and signed by 2 members of the Association; and

(b) accompanied by the written consent of the person nominated; and

(c) lodged with the public officer.

(4) The consent referred to in subrule (3)(b) may be endorsed on the nomination.

(5) As soon as practicable after the receipt of a nomination, the public officer is to refer the nomination to the committee.

(6) If a nomination is approved by the committee, the public officer is to –

(a) notify the nominee, in writing, that the nominee has been approved for membership of the Association; and

(b) on receipt of the amount payable by the nominee as the first annual subscription, enter the nominee's name in the register of members.

(7) A member of the Association may resign by serving on the public officer a written notice of resignation.

(8) On receipt of a notice from a member of the Association under subrule (7) , the public officer is to remove the name of the member from the register of members.

(9) A person –

(a) becomes a member of the Association when his or her name is entered in the register of members; and

(b) ceases to be a member of the Association when his or her name is removed from the register of members under subrule (8) or rule 32(4).

(10) The public officer is to maintain, or establish and maintain, a register of members containing –

(a) the name of each member of the Association and the date on which he or she became a member; and

(b) the member's postal or residential address or address of business or employment; and

(c) an email address, if any, that the member has nominated as the email address to which notices from the Association may be sent; and

(d) the name of each person who has ceased to be a member of the Association and the date on which the person ceased to be a member of the Association.

7. Income and property of Association

(1) The income and property of the Association is to be applied solely towards the promotion of the objects and purposes of the Association.

(2) No portion of the income or property of the Association is to be paid or transferred to any member of the Association unless the payment or transfer is made in accordance with this rule.

(3) The Association may –

(a) pay a person or member of the Association –

(i) remuneration in return for services rendered to the Association, or for goods supplied to the Association, in the ordinary course of business of the person or member; or

(ii) remuneration that constitutes a reimbursement for out-of-pocket expenses incurred by the person or member for any of the objects or purposes of the Association; or

(iii) interest at a rate not exceeding 7.25% on money lent to the Association by the person or member; or

(iv) a reasonable amount by way of rent for premises, or a part of premises, let to the Association by the person or member; and

(b) pay a member of the committee remuneration in return for carrying out the functions of a member of the committee; and

(c) pay a member of a subcommittee remuneration in return for carrying out the functions of a member of the subcommittee; and

(d) if so requested by or on behalf of any other association, organisation or body, appoint or nominate a member of the Association to an office in that other association, organisation or body.

(4) Despite subrule (3)(a) , (b) and (c) , the Association is not to pay a person any amount under that subrule unless the Association or committee has first approved that payment.

(5) Despite subrule (3)(d) , the Association is not to appoint or nominate a member of the Association under that subrule to an office in respect of which remuneration is payable unless the Association or committee has first approved –

(a) that appointment or nomination; and

(b) the receipt of that remuneration by that member.

9. Banking and finance

(1) On behalf of the Association, the treasurer of the Association is to –

(a) receive any money paid to the Association; and

(b) immediately after receiving the money, issue an official receipt in respect of the money; and

(c) cause the money to be paid into the account opened under subrule (2) as soon as practicable after it is received.

(2) The committee is to open with an authorised deposit-taking institution an account in the name of the Association.

(3) The committee may –

(a) receive from an authorised deposit-taking institution a cheque drawn by the Association on any of the Association's accounts with the authorised deposit-taking institution; and

(b) release or indemnify the authorised deposit-taking institution from or against any claim, or action or other proceeding, arising directly or indirectly out of the drawing of that cheque.

(4) Except with the authority of the committee, a payment of an amount exceeding $20 is not to be made from the funds of the Association other than –

(a) by cheque drawn on the Association's account; or

(b) by the electronic transfer of funds from the Association's account to another account at an authorised deposit-taking institution.

(5) The committee may provide the treasurer of the Association with an amount of money to meet urgent expenditure, subject to any conditions the committee may impose in relation to the expenditure.

(6) A cheque is not to be drawn on the Association's account, and an amount is not to be electronically transferred from the Association's account to another account at an authorised deposit-taking institution, except for the purpose of making a payment that has been authorised by the committee.

(7) A cheque, draft, bill of exchange, promissory note or other negotiable instrument is to be –

(a) signed by the treasurer of the Association or, in the treasurer's absence, by any other member, or members, of the committee the committee nominates for that purpose; and

(b) countersigned by the public officer.

(8) An electronic transfer of an amount from the Association's account to another account at an authorised deposit-taking institution –

(a) may only be authorised by the treasurer of the Association or, in the treasurer's absence, by any other member, or members, of the committee the committee nominates for that purpose; and

(b) may only be authorised by a person referred to in paragraph (a) if the authorisation has been approved by the public officer.

28. Meetings of the committee

(1) The committee is to meet at least once in each month at any place and time the committee determines.

(2) A meeting of the committee, other than a meeting referred to in subrule (1) , may be convened by the president or any 4 of the members of the committee.

(3) Written notice of any special committee meeting is to be served on members of the committee and is to specify the general nature of the business to be transacted.

(4) A special committee meeting may only transact business of which notice is given in accordance with subrule (3) .

(5) A quorum for the transaction of the business of a meeting of the committee is 6 members of the committee.

(6) Business is not to be transacted at a meeting of the committee unless a quorum is present.

(7) If a quorum is not present within half an hour after the time appointed for the commencement of –

(a) a meeting of the committee (other than a special committee meeting), the meeting is to be adjourned to the same day in the next week at the same time and at the same place; or

(b) a special committee meeting, the meeting is dissolved.

(8) At each meeting of the committee, the chairperson is to be –

(a) the president; or

(b) in the absence of the president, the senior vice-president; or

(c) in the absence of the president and the senior vice-president, the other vice-president; or

(d) in the absence of the president and both vice-presidents, a member of the committee elected to preside as chairperson by the members of the committee present at the meeting.

(9) Any question arising at a meeting of the committee is to be determined –

(a) on a show of hands; or

(b) if demanded by a member, by a poll taken at that meeting in the manner the chairperson determines.

(10) On any question arising at a meeting of the committee, a member of the committee (including the chairperson) has one vote only.

(11) Despite subrule (10) , in the case of an equality of votes, the chairperson has a second or casting vote.

(12) Written notice of each committee meeting is to be served on each member of the committee by –

(a) giving it to the member during business hours before the day on which the meeting is to be held; or

(b) leaving it, during business hours before the day on which the meeting is to be held, at the member's postal or residential address or place or address of business or employment last known to the server of the notice; or

(c) sending it by post, to the person's postal or residential address or address of business or employment last known to the server of the notice, in sufficient time for it to be delivered to that address in the ordinary course of post before the day on which the meeting is to be held; or

(d) faxing it to the member's fax number; or

(e) emailing it to the email address, of the member, that the member has nominated as the email address to which notices from the Association may be sent.

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